HomeMy WebLinkAbout2018-09-24-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday September 24, 2018 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Request to Approve a Resolution to Establish Meadow Way onto the Public Road Network
3. Bowers Field Lease Language
4. Weihl Road RID Legislative Process Summary
5. Other business
6. Adjourn
Created on 9/20/2018 10:17:51 AM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG
Regular Meeting
MONDAY 1:30 PM September 24, 2018
Board members present: Chairman Laura Osiadacz; Vice -Chairman Obie
O'Brien; Commissioner Cory Wright
Others: Mark Cook, Candie Leader, Public Works; Lindsey Ozbolt,
Calvana Carper, Community Development Services; Jim Goeben,
Information Technology; Five (5) Members of the Public
At 1:38 pm Chairman Osiadacz opened the Public Works Study Session.
No additional agenda items were added.
REQUEST TO APPROVE A RESOLUTION TO ESTABLISH MEADOW WAY ONTO THE
PUBLIC ROAD NETWORK
Mark Cook stated that Meadow Way is the roadway for the Marion
Meadows Plat and the developer is requesting to have the roadway
brought onto the county road network. Mark Cook added that under
previous Board of County Commissioner (BOCC) action for another
plat the fee for bringing the roadway on system was waived and Mark
Cook is directing staff to refund that fee to the applicant.
Chairman Osiadacz stated that she would like to recuse herself from
this discussion. Vice -Chairman O'Brien acknowledged the recusal.
Mark Cook continued, giving background on the roadway and stated
that staff will be bringing forward action items to establish a
speed limit and signage at an upcoming BOCC agenda. Discussion was
held. Vice -Chairman O'Brien called for a motion to approve
Resolution 2018-151 to Establish Meadow Way onto the Public Road
Network. Commissioner Wright made a motion to approve Resolution
2018-151 and Vice -Chairman O'Brien seconded the motion. Motion
passed with 2 votes for approval and 1 recusal.
BOWERS FIELD LEASE LANGUAGE
Mark Cook gave background on the change made to the standard leases
for property at Bowers Field. Mark Cook stated that legal was
given direction to review the current language; however, the
language that is proposed does not fit the financing model for the
hiring of an Airport Manager. Discussion was held. Staff was
directed to continue using the one hundred and twenty day (120)
clause as written until a fair market value study can be conducted,
an Airport Manager is hired and after the JOACC meets the terms of
the Memorandum of Agreement with Central Washington University;
then have legal revisit the lease agreements.
2018-09-24 MINUTES
WEIHL ROAD RID LEGISLATIVE PROCESS SUMMARY
Mark Cook gave background on the ongoing work being done to form a
Road Improvement District for Weihl Road. Mark Cook explained the
process of formation and is suggesting he bring forward a draft
ordinance for BOCC review prior to beginning the formation process.
Mark Cook continued that he has built a schedule for BOCC review
outlining the actions needed to move the process forward and will
present to the BOCC after he returns from his training. Mark Cook
added that after doing further research of the Revised Code of
Washington (RCW) that county forces cannot perform the work to the
roadway and the project will have to go out to bid which may add to
the costs of the project. Discussion was held. Vice -Chairman
O'Brien made a motion to direct staff to prepare the resolution of
intent to formulate the RID for the October 16, 2018 agenda session
and schedule a public hearing for November 20, 2018. Commissioner
Wright seconded the motion. Motion passed 3-0. A member of the
public commented on the topic expressing their appreciation of the
work being done.
Prior to adjournment Vice -Chairman O'Brien stated that he asked Jim
Goeben, Information Technology (IT) Director to attend to discuss
SmartGov permitting software and LaserFische. Jim Goeben stated
that the topic of discussion was for the capital facilities plan.
Vice -Chairman O'Brien agreed and discussion was held on the
responsibilities of the departments involved in the process and the
direction in which IT is to go in developing the requested
application by the Auditor's Office. Jim Goeben commented that he
will bring this topic to the next IT Study Session for further
discussion.
Meeting adjourned at 2:40 pm.
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Candie
2018-09-24 MINUTES
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
BOARD OF COUNTY
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 - 151
ADOPTING MEADOW WAY ONTO THE KITTITAS COUNTY
ROAD SYSTEM
WHEREAS: The Easton Flats Short Plat (Auditors number 200501240029) dedicated a
60 foot roadway tract to Kittitas County located in portions of Sections 1
and 12, Township 20 N Range 13 E, W.M.; and
WHEREAS: The current short plat owner desires establishing the roadway now known
as Marian Way onto the County Public Road system; and
WHEREAS: A road meeting public standards was accepted as constructed by Public
Works; and
WHEREAS: Public Works has required an additional easement from the land owner
accessing a temporary turn -around at the end of the road and the
temporary turnaround is now constructed and accepted by Public Works;
and
WHEREAS: Marian Way is intended to be the access roadway for Marian Meadows
Long Plat (LPT-17-000001); and
WHEREAS: The Board of County Commission has granted approval to Marian
Meadows Planned Unit Development (PD -17-00001), Conditional Use
Permit (CU -17-00001) and Plat (LPT-17-00001) pursuant to Ordinance
2018-006; and
NOW, THEREFORE BE IT RESOLVED That the Board of County Commissioners,
in the best interest of the public, does hereby adopt all of Marian Way
(Milepost 0.0 to Milepost 0.17) onto the Kittitas County Road System.
DATED on this 24th day of September, 2018, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
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ABSTAINED
IS m Laura'Osiadacz, Chairman
,00 hilt e Board- Julie Kjorsvik
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Obie O'Brien, ice -Chairman
eputy Clerk of the Board- Mandy Buchholz
Cory Wright, Commis loner
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: September 24, 2018
ACTION REQUESTED: Request to Approve a Resolution to Establish Meadow
Way onto the Public Road Network
BACKGROUND: The Easton Flats Short Plat (200501240029) dedicated a 60
foot roadway tract to Kittitas County. Prior to final plat, a
road was constructed to public standards within the
dedicated tract. Recently, the developer (Easton Ridge
Land Company, Inc.) requested Public Works bring the
roadway onto the County public road network. A
temporary turnaround is now in place at the end of the 0.17
mile roadway and has been accepted by Public Works. The
roadway is intended to serve the Marian Meadows long
plat.
Public Works has been made aware of a private dispute
between Easton Ridge Land Company, Inc. and adjoining
land owners over the use of the roadway. It is Public
Works understanding that there is no legal impediment to
establishing the road onto the County road network.
INTERACTION: Public Works
RECOMMENDATION: Approve the Resolution to establish Meadow Way onto the
public road network.
ATTACHMENTS: Resolution; Vicinity Map
LEAD STAFF: Mark R. Cook, Director
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 -
ADOPTING MEADOW WAY ONTO THE KITTITAS COUNTY
ROAD SYSTEM
WHEREAS: The Easton Flats Short Plat (Auditors number 200501240029) dedicated a
60 foot roadway tract to Kittitas County located in portions of Sections 1
and 12, Township 20 N Range 13 E, W.M.; and
WHEREAS: The current short plat owner desires establishing the roadway now known
as Marian Way onto the County Public Road system; and
WHEREAS: A road meeting public standards was accepted as constructed by Public
Works; and
WHEREAS: Public Works has required an additional easement from the land owner
accessing a temporary turn -around at the end of the road and the
temporary turnaround is now constructed and accepted by Public Works;
and
WHEREAS: Marian Way is intended to be the access roadway for Marian Meadows
Long Plat (LPT-17-000001); and
WHEREAS: The Board of County Commission has granted approval to Marian
Meadows Planned Unit Development (PD -17-00001), Conditional Use
Permit (CU -17-00001) and Plat (LPT-17-00001) pursuant to Ordinance
2018-006; and
NOW, THEREFORE BE IT RESOLVED That the Board of County Commissioners,
in the best interest of the public, does hereby adopt all of Marian Way
(Milepost 0.0 to Milepost 0.17) onto the Kittitas County Road System.
DATED on this 24th day of September, 2018, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Obie O'Brien, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Cory Wright, Commissioner
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: September 24, 2018
TOPIC: ELN Lease Language
ACTION REQUESTED: Direct Staff Incorporate Revised Lease Language
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Incorporate suggested new lease language into all ELN leases.
BRIEFING SUMMARY:
• Commissioner O'Brien requested legal review current ELN lease language and
suggest changes to the "Modifications and Termination" clause of our leases.
• Legal is proposing revised language for consideration.
• The revised language is likely to fail addressing the financial plan generated to
fund an Airport Manager.
BACKGROUND:
Current lease language:
MODIFICATION OR TERMINATION:
Lessee and Lessor agree that Lessor may, at Lessor's sole discretion, modify the
terms of this lease in whole or in part, including but not limited to any term or
condition of this lease, including cancelling the unexpired portion of this lease and
re -letting the property to another tenant, in the event that any regulation governing
airports or county property is amended in a way that impacts the Lessor's ability to
lease, use, control, protect, or maintain the Property. For the purposes of this
section, "regulation" is defined to include, but is not limited to: case law interpreting
any rule or regulation; any federal rules and regulations, including Federal Aviation
Administration rules and regulations; state rules and regulations; and local rules,
regulations and ordinances.
In the event that Lessor shall elect to modify or terminate this lease, Lessor shall do
so only upon one hundred twenty (120) days written notice, notifying Lessee, at
Lessee's address of record that the lease to which this applied is being so modified
or terminated.
Page 1 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
Upon receipt of such notification, and in the event the notification specified
modification of the lease short of termination, Lessee shall have sixty (60) days in
which to notify Kittitas County of Lessee's intention to continue the lease as
modified or of Lessee's intention to treat the lease as terminated.
In the event that Lessee elects to treat the lease as terminated, all rents shall be
pro -rated to the date Lessee shall have restored the premises to the Lessor in
accordance with the terms of the lease agreement governing Lessee's duties to
restore the premises to Lessor upon expiration of the lease term.
It is further agreed that neither such modification or termination of this lease nor any
subsequent re -letting of the premises, in whole or in part, shall give rise to any cause of
action for damages or any other form of relief by Lessee against Lessor or any
successor lessee.
In the event of such modification or termination, Lessee understands that other than a
refund of any unearned rent prorated to the date Lessee has restored the premises to
Lessor, Lessee shall have no claim for compensation as occasioned by said
modification or termination.
DISCUSSION:
BOCC Attorney Suggested lan ug a¢e:
RENT INCREASE TO FAIR MARKET VALUE: Lessee and Lessor agree that five
(5) years from the execution of this lease, the rental rate shall be raised to Fair
Market Value (FMV). FMV shall be established by Kittitas County, at its sole
discretion.
Lessor shall make the FMV adjustment by giving Lessee one hundred twenty (120)
days written notice, notifying Lessee, at Lessee's address of record, that the lease to
which this applied is being so modified.
Upon receipt of such notification, Lessee shall have sixty (60) days in which to notify
Kittitas County of Lessee's intention to continue the lease as modified or of Lessee's
intention to treat the lease as terminated.
In the event that Lessee elects to treat the lease as terminated, all rents shall be pro-
rated to the date Lessee shall have restored the premises to the Lessor in accordance
with the terms of the lease agreement governing Lessee's duties to restore the
premises to Lessor upon expiration of the lease term.
It is further agreed that neither such modification or termination of this lease nor
any subsequent re -letting of the premises, in whole or in part, shall give rise to any
cause of action for damages or any other form of relief by Lessee against Lessor or
any successor lessee.
In the event of such modification or termination, Lessee understands that other than
a refund of any unearned rent prorated to the date Lessee has restored the premises
Page 2 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
to Lessor, Lessee shall have no claim for compensation as occasioned by said
modification or termination.
It is thought that replacing the current language with the proposed language will push full
implementation of leases to market value out another five years. For the past several
lease amendments, Public Works has been using current language and has been
positioning for rate increases once the Board of County Commissioners determines the
appropriate lease rate (aeronautical and industrial). The change will require additional
fund reserve from the Airport Fund to retire the debt created by the hiring of an Airport
Manager.
FISCAL IMPACTS:
Implementation of the proposed new language will not cover the debt generated by the
2019 Budget proposed Airport Manager (EXHIBIT 1 attached).
ATTACHMENTS:
Exhibit 1: Airport Manager Financial Analysis
Page 3 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: 2019 BUDGET AIRPORT MANAGER FINANCIAL ANALYSIS
Page 4 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: September 24, 2018
TOPIC: Weihl Road RID Legislative Process Summary
ACTION REQUESTED: Direct Staff Docket the "Notice of Intent to Formulate"
Resolution for October 16, 2018 and Schedule the
Required Public Hearing for November 20, 2018.
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct that staff prepare a "Notice of Intent to Formulate" Resolution for Board action on
October 16, 2018. Additionally, direct that a public hearing be scheduled for November
20, 2018 receiving testimony formulating Road Improvement District 2018-01.
BRIEFING SUMMARY:
• Multiple actions are required prior to forming Road Improvement District 2018-
01
The process begins with issuing a "Notice of Intent to Formulate" Resolution
Public Works prepares a notice of the formulation hearing to all benefitted
property owners and mails the notice at least 15 days before the date fixed for the
public hearing.
A public hearing is conducted to finalize all aspects of the RID and order its
formulation, continue the public hearing or decline to formulate.
BACKGROUND:
Public Works is now ready to proceed with formulating Road Improvement District
2018-01 Weihl Road. The boundary has been evaluated for over a year and recent
outreach to area residents suggest support for the district is strong. The Board's legal
advisor has acknowledged use of Revised Code of Washington 35.43 as the Board's
preferred formulation process.
DISCUSSION:
A summary of the formulation process appears below for Board consideration.
1. The Board issues a "Notice of Intent to Formulate" the district via resolution.
2. The resolution is published in at least two consecutive issues of the official
newspaper of the County, the first publication to be at least fifteen days before the
day fixed for the hearing. Public Works suggests posting the resolution in the
Page 1 of 7
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
Court House during the period of time from resolution adoption to the date of the
public hearing.
3. Public Works prepares notices of the hearing and mails same to all benefitted
property owners in the district boundary at least 15 days prior to the date set for
the public hearing.
4. The public hearing is conducted to determine the fate of the proposed RID.\
5. The formulation of the RID may be divested within thirty days upon receipt of
protest from property owners within the district comprising sixty percent of more
of the total costs of the improvements.
6. The Board MAY provide as a part of the Ordinance consideration of undeveloped
properties terms of reimbursement and may include terms allowing a one time,
lump sum payment or that reimbursement shall be made over a period not to
exceed five years. Additional conditions are provided at RCW 35.43.188
(EXHIBIT 1 attached).
PW suggests advertising the project with a ten percent contingency (our typical
maximum variation from the Engineer's estimate for awarding construction).
FISCAL IMPACTS:
Current project cost estimate is $874,270.
$600,614 from benefit contribution (residents).
Board contribution in the amount of $273,656.
ATTACHMENTS:
Exhibit 1:
Revised Code of Washington 35.43.188
Exhibit 2:
RID 2018-01 Boundary Map
Exhibit 3:
RID Property owner list
Exhibit 4:
RID Formulation schedule
Exhibit 5: Revised Code of Washington 35.43 (complete section)
Page 2 of 7
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
r^
EXHIBIT 1:
Page 3 of 7
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
9/20/2018 RCW 35.43.188: Assessment reimbursement accounts.
RCW 35.43.188
Assessment reimbursement accounts.
A city or town ordering a local improvement upon which special assessments on property
specifically benefited by the improvement are levied and collected, may provide as part of the ordinance
creating the local improvement district that the payment of an assessment levied for the district on
underdeveloped properties may be made by owners of other properties within the district, if they so elect,
subject to terms of reimbursement set forth in the ordinance. The terms for reimbursement shall require
the owners of underdeveloped properties on whose behalf payments of assessments have been made
to reimburse all such assessment payments to the party who made them when those properties are
developed or redeveloped, together with interest at a rate specified in the ordinance. The ordinance may
provide that reimbursement shall be made on a one-time, lump sum basis, or may provide that
reimbursement shall be made over a period not to exceed five years. The ordinance may provide that
reimbursement shall be made no later than the time of dissolution of the district, or may provide that no
reimbursement is due if the underdeveloped properties are not developed or redeveloped before the
dissolution of the district. Reimbursement amounts due from underdeveloped properties under this
section are liens upon the underdeveloped properties in the same manner and with like effect as
assessments made under this chapter. For the purposes of this section, "underdeveloped properties"
may include those properties that, in the discretion of the legislative body of the city or town, (1) are
undeveloped or are not developed to their highest and best use, and (2) are likely to be developed or
redeveloped before the dissolution of the district.
[1988c179§11.]
NOTES:
Severability—Prospective application—Section captions -1988 c 179: See RCW
39.92.900 and 39.92.901.
http://apps.leg.wa.gov/rcwtdefault.aspx?cite=35.43.188 1/1
EXHIBIT 2:
Page 4 of 7
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
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PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
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EXHIBIT 4:
Page 6 of 7
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
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Page 7 of 7
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 1 of 22
Chapter 35.43 RCW
LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF PROCEEDINGS
Chapter Listing I RCW Dispositions
Sections
35.43.005 Municipal local improvement statutes applicable to public corporations.
35.43.010 Terms defined.
35.43.020 Construction.
35.43.030 Charters superseded—Application—Ordinances—Districts outside city
authorized, within city authorized for transportation and infrastructure
purposes.
35.43.035 Creation of district outside city subject to review by boundary review board.
35.43.040 Authority generally.
35.43.042 Authority to establish utility local improvement districts—Procedure.
35.43.043 Conversion of local improvement district into utility local improvement district.
35.43.045 Open canals or ditches—Safeguards.
35.43.050 Authority—Noncontinuous improvements.
35.43.060 Consolidated cities—Procedure.
35.43.070 Ordinance—Action on petition or resolution.
35.43.075 Petition for district outside city may be denied.
35.43.080 Ordinance—Creation of district.
35.43.100 Ordinance—Finality—Limitation upon challenging jurisdiction or authority to
proceed.
35.43.110 Petition—Mandatory, when.
35.43.120 Petition—Requirements.
35.43.125 Petition—Notice and public hearing required.
35.43.130 Preliminary estimates and assessment roll.
35.43.140 Resolutions—Contents, publication Hearing, by whom held.
35.43.150 Resolutions—Hearing upon—Notice.
35.43.180 Restraint by protest.
35.43.182 Waivers of protest—Recording—Limits on enforceability.
35.43.184 Preformation expenditures.
35.43.186 Credits for other assessments.
35.43.188 Assessment reimbursement accounts.
35.43.190 Work—By contract or by city or public corporation.
35.43.200 Street railways at expense of property benefited.
35.43.210 Street railways at expense of property benefited—Petition—Assessment
district.
35.43.220 Street railways at expense of property benefited—Assessment of cost.
35.43.230 Street railways at expense of property benefited—Procedure.
35.43.250 Deferral of collection of assessments for economically disadvantaged
persons—Authorized.
35.43.260 Service fees for sewers not constructed within ten years after voter
approval—Credit against future assessments, service charges.
35.43.270 Sanitary sewer or potable water facilities—Notice to certain property owners.
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 2 of 22
35.43.280 Settlement of Indian claims.
NOTES:
Assessment rolls, eminent domain improvements, objections to: RCW 8.12.330.
Assessments
fire protection districts: RCW 52.20.010.
first-class cities, special: RCW 35.22.280(10).
local improvements, may be made by: State Constitution Art. 7 § 9.
public utility districts: RCW 54.16.160, 54.16.165.
Authority of cities to levy special taxes fora State Constitution Art. 7 § 9.
Bonds, savings and loan associations may invest in: RCW 33.24.080.
Bridges, elevated, ordinance ordering improvement: RCW 35.85.020.
Curbs along streets, construction, reconstruction and repair: Chapter 35.68 RCW.
Eminent domain: Chapter 8.12 RCW.
First-class cities, authority for special assessments: RCW 35.22.280 (10), (13).
Foreclosure of assessments
curbs and gutter construction and repair.- RCW 35.68.070.
sidewalk construction, second-class cities: RCW 35.70.090.
sidewalks and driveways across: RCW 35.68.070.
Local improvement districts
bridges, elevated: RCW 35.85.020.
metropolitan municipal corporations, effect on: RCW 35.58.500.
roadways, elevated: RCW 35.85.020.
subways: RCW 35.85.050.
tunnels: RCW35.85.050.
viaducts: RCW 35.85.020.
water rights acquisition: RCW 35.92.220.
Metropolitan park districts, assessment against lands adjoining: RCW 35.61.220.
Parking, off-street facilities: RCW 35.86.020.
Pedestrian malls, financing: RCW 35.71.060.
Prepayment of taxes and assessments: RCW 35.21.650.
Roadways, elevated, ordinance ordering improvement: RCW 35.85.020.
Sanitary fills: Chapter 35.73 RCW.
Second-class cities, providing for improvements: RCW 35.23.440(47).
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 3 of 22
Special assessments: State Constitution Art. 7 § 9.
Streets and alleys
agreements with county: RCW 35.77.020.
county furnishing construction and maintenance: RCW 35.77.020.
county use of road fund: RCW 35.77.030.
establishing grade, procedure: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Tunnels, authority to construct., RCW 35.85.050.
Unfit dwellings, assessments fora RCW 35.80.030(1)(h).
Viaducts, ordinance ordering improvement: RCW 35.85.020.
Water rights, acquisition of RCW 35.92.220.
35.43.005
Municipal local improvement statutes applicable to public corporations.
The provisions of this and the following chapters relating to municipal local improvements
apply to local improvements owned or operated by a public corporation or by a public
corporation and a city, town, or another public corporation as if they were owned or operated
by a city or town. Whenever a section in such chapters refers to improvements made by,
ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or
undertaken by a city or town or other municipality, it shall be construed to refer also to
improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or
otherwise provided for or undertaken by a public corporation.
[ 1987 c 242 § 6.]
NOTES:
Policy -1987 c 242: "it is declared to be the public policy of the state that public
improvements owned and operated by public corporations that confer special benefits on
property, including without limitation museum, cultural, or arts facilities or structures, should be
able to use the local improvement district financing of municipalities." [ 1987 c 242 § 1.]
35.43.010
Terms defined.
Whenever the words "city council' or "town council' are used in this and the following
chapters relating to municipal local improvements, they shall be construed to mean the council
or other legislative body of such city or town. Whenever the word "mayor" is used therein, it
shall be construed to mean the presiding officer of said city or town. Whenever the words
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 4 of 22
"installment" or "installments" are used therein, they shall be construed to include installment
or installments of interest. Whenever the words "local improvement," "local improvements," or
"municipal local improvements" are used therein, they shall be construed to include
improvements owned or operated by a public corporation or by a public corporation and a city,
town, or another public corporation. Whenever the words "public corporation" are used
therein, they shall mean a public corporation, commission, or authority created pursuant to
RCW 35.21.730 through 35.21.755.
[ 1987 c 242 § 2; 1965 c 7 § 35.43.010. Prior: 1925 ex.s. c 117 § 2; 1911 c 98 § 68; RRS §
9421.1
(VOTES:
Policy -1987 c 242: See note following RCW 35.43.005.
35.43.020
Construction.
The rule that statutes in derogation of the common law are to be strictly construed shall
have no application to this and the following chapters relating to municipal local improvements
but the same shall be liberally construed for the purpose of carrying out the objects for which
intended.
[ 1965 c 7 § 35.43.020. Prior: 1911 c 98 § 69; RRS § 9422.]
35.43.030
Charters superseded—Application—Ordinances—Districts outside city
authorized, within city authorized for transportation and infrastructure
purposes.
This and the following chapters relating to municipal local improvements shall supersede
the provisions of the charter of any city of the first class.
They shall apply to all incorporated cities and towns, including unclassified cities and
towns operating under special charters.
The council of each city and town shall pass such general ordinance or ordinances as may
be necessary to carry out their provisions and thereafter all proceedings relating to local
improvements shall be conducted in accordance with this and the following chapters relating
to municipal local improvements and the ordinance or ordinances of such city or town.
Cities or towns may form local improvement districts or utility local improvement districts
composed entirely or in part of unincorporated territory outside of such city or town's corporate
limits in the manner provided in this chapter, or, upon approval of the legislative authority of an
adjoining city or town, may form local improvement districts or utility local improvement
districts for transportation and infrastructure purposes that are composed entirely or in part of
territory within that adjoining city or town.
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITYINITIATION OF P... Page 5 of 22
[ 2009 c 237 § 1; 1971 ex.s. c 116 § 4; 1967 c 52 § 2; 1965 c 7 § 35.43.030. Prior: 1963 c 56
§ 1; prior: (i) 1911 c 98 § 60; 1899 c 146 § 1; RRS § 9413. (ii) 1911 c 98 § 67; RRS § 9420.
(iii) 1911 c 98 § 71; RRS § 9424.]
NOTES:
Effective date -2009 c 237: 'This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately [April 25, 2009]." [ 2009 c 237 § 2.]
Construction—Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.035
Creation of district outside city subject to review by boundary review
board.
The creation of a local improvement district outside of the boundaries of a city or town to
provide water or sewer facilities may be subject to potential review by a boundary review
board under chapter 36.93 RCW.
[ 1989 c 84 § 30.]
35.43.040
Authority generally.
Whenever the public interest or convenience may require, the legislative authority of any
city or town may order the whole or any part of any local improvement including but not
restricted to those, or any combination thereof, listed below to be constructed, reconstructed,
repaired, or renewed and landscaping including but not restricted to the planting, setting out,
cultivating, maintaining, and renewing of shade or ornamental trees and shrubbery thereon;
may order any and all work to be done necessary for completion thereof; and may levy and
collect special assessments on property specially benefited thereby to pay the whole or any
part of the expense thereof, viz:
(1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public
places, public squares, public streets, their grading, regrading, planking, replanking, paving,
repaving, macadamizing, remacadamizing, graveling, regraveling, piling, repiling, capping,
recapping, or other improvement; if the management and control of park drives, parkways,
and boulevards is vested in a board of park commissioners, the plans and specifications for
their improvement must be approved by the board of park commissioners before their
adoption;
(2) Auxiliary water systems;
(3) Auditoriums, field houses, gymnasiums, swimming pools, or other recreational,
playground, museum, cultural, or arts facilities or structures;
(4) Bridges, culverts, and trestles and approaches thereto;
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 6 of 22
(5) Bulkheads and retaining walls;
(6) Dikes and embankments;
(7) Drains, sewers, and sewer appurtenances which as to trunk sewers shall include as
nearly as possible all the territory which can be drained through the trunk sewer and
subsewers connected thereto;
(8) Escalators or moving sidewalks together with the expense of operation and
maintenance;
(9) Parks and playgrounds;
(10) Sidewalks, curbing, and crosswalks;
(11) Street lighting systems together with the expense of furnishing electrical energy,
maintenance, and operation;
(12) Underground utilities transmission lines;
(13) Water mains, hydrants, and appurtenances which as to trunk water mains shall
include as nearly as possible all the territory in the zone or district to which water may be
distributed from the trunk water mains through lateral service and distribution mains and
services;
(14) Fences, culverts, syphons, or coverings or any other feasible safeguards along, in
place of, or over open canals or ditches to protect the public from the hazards thereof;
(15) Roadbeds, trackage, signalization, storage facilities for rolling stock, overhead and
underground wiring, and any other stationary equipment reasonably necessary for the
operation of an electrified public streetcar line;
(16) Systems of surface, underground, or overhead railways, tramways, buses, or any
other means of local transportation except taxis, and including passenger, terminal, station
parking, and related facilities and properties, and such other facilities as may be necessary for
passenger and vehicular access to and from such terminal, station, parking, and related
facilities and properties, together with all lands, rights-of-way, property, equipment, and
accessories necessary for such systems and facilities;
(17) Convention center facilities or structures in cities incorporated before January 1,
1982, with a population over sixty thousand located in a county with a population over one
million, other than the city of Seattle. Assessments for purposes of convention center facilities
or structures may be levied only to the extent necessary to cover a funding shortfall that
occurs when funds received from special excise taxes imposed pursuant to chapter 67.28
RCW are insufficient to fund the annual debt service for such facilities or structures, and may
not be levied on property exclusively maintained as single-family or multifamily permanent
residences whether they are rented, leased, or owner occupied;
(18) Programs of aquatic plant control, lake or river restoration, or water quality
enhancement. Such programs must identify all the area of any lake or river which will be
improved and must include the adjacent waterfront property specially benefited by such
programs of improvements. Assessments may be levied only on waterfront property including
any waterfront property owned by the department of natural resources or any other state
agency. Notice of an assessment on a private leasehold in public property must comply with
provisions of chapter 79.44 RCW. Programs under this subsection shall extend for a term of
not more than five years;
(19) Railroad crossing protection devices, including maintenance and repair. Assessments
for purposes of railroad crossing protection devices may not be levied on property owned or
maintained by a railroad, railroad company, street railroad, or street railroad company, as
defined in RCW 81.04.010, or a regional transit authority as defined in RCW 81.112.020; and
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 7 of 22
(20) Research laboratories, testing facilities, incubation facilities, and training centers built
in areas designated as innovation partnership zones under RCW 43.330.270.
[ 2011 c 85 § 1; 2009 c 435 § 1; 1997 c 452 § 16; 1989 c 277 § 1; 1985 c 397 § 1; 1983 c
291 § 1; 1981 c 17 § 1; 1969 ex.s. c 258 § 1; 1965 c 7 § 35.43.040. Prior: 1959 c 75 § 1;
1957 c 144 § 2; prior: (i) 1911 c 98 § 1; RRS § 9352. (ii) 1945 c 190 § 1, part; 1915 c 168 § 6,
part; 1913 c 131 § 1, part; 1911 c 98 § 6, part; Rem. Supp. 1945 § 9357, part. (iii) 1911 c 98 §
15; RRS § 9367. (iv) 1911 c 98 § 58, part; RRS § 9411, part.]
NOTES:
Intent—Severability-1997 c 452: See notes following RCW 67.28.080.
Savings -1997 c 452: See note following RCW 67.28.181.
Authority supplemental -1985 c 397: See RCW 35.51.900.
35.43.042
Authority to establish utility local improvement districts—Procedure.
Whenever the legislative authority of any city or town has provided pursuant to law for the
acquisition, construction, reconstruction, purchase, condemnation and purchase, addition to,
repair, or renewal of the whole or any portion of a:
(1) System for providing the city or town and the inhabitants thereof with water, which
system includes as a whole or as a part thereof water mains, hydrants or appurtenances
which are authorized subjects for local improvements under RCW 35.43.040(13) or other law;
or a
(2) System for providing the city or town with sewerage and storm or surface water
disposal, which system includes as a whole or as a part thereof drains, sewers or sewer
appurtenances which are authorized subjects for local improvements under RCW 35.43.040
(7) or other law; or
(3) Off-street parking facilities; and
Has further provided in accordance with any applicable provisions of the Constitution or
statutory authority for the issuance and sale of revenue bonds to pay the cost of all or a
portion of any such system, such legislative authority shall have the authority to establish
utility local improvement districts, and to levy special assessments on all property specially
benefited by any such local improvement to pay in whole or in part the damages or costs of
any local improvements so provided for.
The initiation and formation of such utility local improvement districts and the levying,
collection and enforcement of assessments shall be in the manner and subject to the same
procedures and limitations as are now or hereafter provided by law for the initiation and
formation of local improvement districts in cities and towns and the levying, collection and
enforcement of assessments pursuant thereto.
It must be specified in any petition or resolution initiating the formation of such a utility
local improvement district in a city or town and in the ordinance ordered pursuant thereto, that
the assessments shall be for the sole purpose of payment into such revenue bond fund as
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF P... Page 8 of 22
may be specified by the legislative authority for the payment of revenue bonds issued to
defray the cost of such system or facilities or any portion thereof as provided for in this
section.
Assessments in any such utility local improvement district may be made on the basis of
special benefits up to but not in excess of the total cost of the local improvements portion of
any system or facilities payable by issuance of revenue bonds. No warrants or bonds shall be
issued in any such utility local improvement district, but the collection of interest and principal
on all assessments in such utility local improvement district, when collected, shall be paid into
any such revenue bond fund.
When in the petition or resolution for establishment of a local improvement district and in
the ordinance ordered pursuant thereto, it is specified or provided that the assessments shall
be for the sole purpose of payment into a revenue bond fund for the payment of revenue
bonds, then the local improvement district shall be designated a "utility local improvement
district'.
The provisions of chapters 35.45, 35.47 and 35.48 RCW shall have no application to utility
local improvement districts created under authority of this section.
[ 1969 ex.s. c 258 § 2; 1967 c 52 § 1.]
NOTES:
Construction -1967 c 52: 'The authority granted by this 1967 amendatory act shall
be considered an alternative and additional method of securing payment of revenue bonds
issued for the purposes specified in RCW 35.43.042 and shall not be construed as a
restriction or limitation upon any other method for providing for the payment of any such
revenue bonds." [ 1967 c 52 § 27.]
Severability -1967 c 52: "if any provision of this act, or its application to any person
or circumstance is held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [ 1967 c 52 § 29.]
35.43.043
Conversion of local improvement district into utility local improvement
district.
The legislative authority of any city or town may by ordinance convert any then existing
local improvement district into a utility local improvement district at any time prior to the
adoption of an ordinance approving and confirming the final assessment roll of such local
improvement district. The ordinance so converting the local improvement district shall provide
for the payment of the special assessments levied in that district into the special fund
established or to be established for the payment of revenue bonds issued to defray the cost of
the local improvement in that district.
[1967c52§28.]
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NOTES:
Construction—Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.045
Open canals or ditches—Safeguards.
Every city or town shall have the right of entry upon all irrigation, drainage, or flood control
canal or ditch rights-of-way within its limits for all purposes necessary to safeguard the public
from the hazards of such open canals or ditches, and the right to cause to be constructed,
installed, and maintained upon or adjacent to such rights-of-way safeguards as provided in
RCW 35.43.040: PROVIDED, That such safeguards must not unreasonably interfere with
maintenance of the canal or ditch or with the operation thereof. The city or town, at its option,
notwithstanding any laws to the contrary, may require the irrigation, drainage, flood control, or
other district, agency, person, corporation, or association maintaining the canal or ditch to
supervise the installation and construction of such safeguards, or to maintain the same. If
such option is exercised reimbursement must be made by the city or town for all actual costs
thereof.
[ 1965 c 7 § 35.43.045. Prior: 1959 c 75 § 2.]
NOTES:
eguarding open canals or ditches, assessments: RCW 35.43.040, 35.43.045, 36.88.015,
36.88.350, 36.88.380 through 36.88.400, 87.03.480, 87.03.526.
35.43.050
Authority—Noncontinuous improvements.
When the legislative body of any city or town finds that all of the property within a local
improvement district or utility local improvement district will be benefited by the improvements
as a whole, a local improvement district or utility local improvement district may include
adjoining, vicinal, or neighboring streets, avenues, and alleys or other improvements even
though the improvements thus made are not connected or continuous. The assessment rates
may be ascertained on the basis of the special benefit of the improvements as a whole to the
properties within the entire local improvement district or utility local improvement district, or on
the basis of the benefit of each unit of the improvements to the properties specially benefited
by that unit, or the assessment rates may be ascertained by a combination of the two bases.
Where no finding is made by the legislative body as to the benefit of the improvements as a
whole to all of the property within a local improvement district or utility local improvement
district, the cost and expense of each continuous unit of the improvements shall be
ascertained separately, as near as may be, and the assessment rates shall be computed on
the basis of the cost and expense of each unit. In the event of the initiation of a local
improvement district authorized by this section or a utility local improvement district authorized
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by this section, the legislative body may, in its discretion, eliminate from the district any unit of
the improvement which is not connected or continuous and may proceed with the balance of
the improvement within the local improvement district or utility local improvement district, as
fully and completely as though the eliminated unit had not been included within the
improvement district, without the giving of any notices to the property owners remaining within
the district, other than such notices as are required by the provisions of this chapter to be
given subsequent to such elimination.
[ 1985 c 397 § 2; 1967 c 52 § 3; 1965 c 7 § 35.43.050. Prior: 1957 c 144 § 14; prior: 1947 c
155 § 1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp.
1947 § 9365, part.]
NOTES:
Authority supplemental -1985 c 397: See RCW 35.51.900.
Construction—Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.060
Consolidated cities—Procedure.
The city council of any city which is composed of two or more cities or towns which have
been or may hereafter be consolidated may make and pass all resolutions, orders and
ordinances necessary for any assessment where the improvement was made or was being
made by a component city or town prior to consolidation.
[ 1965 c 7 § 35.43.060. Prior: 1911 c 98 § 64; RRS § 9417.]
35.43.070
Ordinance—Action on petition or resolution.
A local improvement may be ordered only by an ordinance of the city or town council,
pursuant to either a resolution or petition therefor. The ordinance must receive the affirmative
vote of at least a majority of the members of the council.
Charters of cities of the first class may prescribe further limitations. In cities and towns
other than cities of the first class, the ordinance must receive the affirmative vote of at least
two-thirds of the members of the council if, prior to its passage, written objections to its
enactment are filed with the city clerk by or on behalf of the owners of a majority of the lineal
frontage of the improvement and of the area within the limits of the proposed improvement
district.
[ 1965 c 7 § 35.43.070. Prior: (i) 1911 c 98 § 8; RRS § 9359. (ii) 1911 c 98 § 66; RRS §
9419.]
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35.43.075
Petition for district outside city may be denied.
Whenever the formation of a local improvement district or utility local improvement district
which lies entirely or in part outside of a city or town's corporate limits is initiated by petition
the legislative authority of the city or town may by a majority vote deny the petition and refuse
to form the local improvement district or utility local improvement district.
[ 1967 c 52 § 4; 1965 c 7 § 35.43.075. Prior: 1963 c 56 § 3.]
NOTES:
Construction--Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.080
Ordinance—Creation of district.
Every ordinance ordering a local improvement to be paid in whole or in part by
assessments against the property specially benefited shall describe the improvement and
establish a local improvement district to be known as "local improvement district No.....," or
a utility local improvement district to be known as "utility local improvement district No....."
which shall embrace as nearly as practicable all the property specially benefited by the
improvement.
[ 1969 ex.s. c 258 § 3; 1967 c 52 § 5; 1965 c 7 § 35.43.080. Prior: 1957 c 144 § 15; prior: (i)
1947 c 155 § 1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem.
Supp. 1947 § 9365, part. (ii) 1929 c 97 § 2; 1911 c 98 § 14; RRS § 9366.]
NOTES:
Construction—Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.100
Ordinance—Finality—Limitation upon challenging jurisdiction or authority
to proceed.
The council may continue the hearing upon any petition or resolution provided for in this
chapter and shall retain jurisdiction thereof until it is finally disposed of. The action and
decision of the council as to all matters passed upon by it in relation to any petition or
resolution shall be final and conclusive. No lawsuit whatsoever may be maintained challenging
the jurisdiction or authority of the council to proceed with the improvement and creating the
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local improvement district or in any way challenging the validity thereof or any proceedings
relating thereto unless that lawsuit is served and filed no later than thirty days after the date of
passage of the ordinance ordering the improvement and creating the district or, when
applicable, no later than thirty days after the expiration of the thirty -day protest period provided
in RCW 35.43.180.
[ 1969 ex.s. c 258 § 4; 1965 c 7 § 35.43.100. Prior: 1911 c 98 § 19; RRS § 9371.]
35.43.110
Petition—Mandatory, when.
Proceedings to establish local improvement districts must be initiated by petition in the
following cases:
(1) Any local improvement payable in whole or in part by special assessments which
includes a charge for the cost and expense of operation and maintenance of escalators or
moving sidewalks shall be initiated only upon a petition signed by the owners of two-thirds of
the lineal frontage upon the improvement to be made and two-thirds of the area within the
limits of the proposed improvement district;
(2) If the management of park drives, parkways, and boulevards of a city has been vested
in a board of park commissioners or similar authority: PROVIDED, That the proceedings may
be initiated by a resolution, if the ordinance is passed at the request of the park board or
similar authority therefor specifying the particular drives, parkways, or boulevards, or portions
thereof to be improved and the nature of the improvement.
[ 1981 c 313 § 10; 1965 c 7 § 35.43.110. Prior: 1957 c 144 § 3; prior: (i) 1911 c 98 § 58, part;
RRS § 9411, part. (ii) 1945 c 190 § 1, part; 1915 c 168 § 6, part; 1913 c 131 § 1, part; 1911 c
98 § 6, part; Rem. Supp. 1945 § 9357, part.]
NOTES:
Severability -1981 c 313: See note following RCW 36.94.020.
35.43.120
Petition—Requirements.
Any local improvement may be initiated upon a petition signed by the owners of property
aggregating a majority of the area within the proposed district. The petition must briefly
describe: (1) The nature of the proposed improvement, (2) the territorial extent of the
proposed improvement, (3) what proportion of the area within the proposed district is owned
by the petitioners as shown by the records in the office of the county auditor, and (4) the fact
that actual assessments may vary from assessment estimates so long as they do not exceed
a figure equal to the increased true and fair value the improvement, or street lighting, adds to
the property.
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If any of the property within the area of the proposed district stands in the name of a
deceased person, or of any person for whom a guardian has been appointed and not
discharged, the signature of the executor, administrator, or guardian, as the case may be,
shall be equivalent to the signature of the owner of the property on the petition. The petition
must be filed with the clerk or with such other officer as the city or town by charter or
ordinance may require.
[ 1989 c 243 § 1; 1981 c 323 § 1; 1969 ex.s. c 258 § 5; 1965 c 7 § 35.43.120. Prior: 1957 c
144 § 6; prior: 1911 c 98 § 9, part; RRS § 9360, part.]
35.43.125
Petition—Notice and public hearing required.
A public hearing shall be held on the creation of a proposed local improvement district or
utility local improvement district that is initiated by petition. Notice requirements for this public
hearing shall be the same as for the public hearing on the creation of a proposed local
improvement district or utility local improvement district that is initiated by resolution.
[1987c315§2.]
35.43.130
Preliminary estimates and assessment roll.
Upon the filing of a petition or upon the adoption of a resolution, as the case may be,
initiating a proceeding for the formation of a local improvement district or utility local
improvement district, the proper board, officer, or authority designated by charter or ordinance
to make the preliminary estimates and assessment roll shall cause an estimate to be made of
the cost and expense of the proposed improvement and certify it to the legislative authority of
the city or town together with all papers and information in its possession touching the
proposed improvement, a description of the boundaries of the district, and a statement of what
portion of the cost and expense of the improvement should be borne by the property within the
proposed district.
If the proceedings were initiated by petition the designated board, officer or authority shall
also determine the sufficiency of the petition and whether the facts set forth therein are true. If
the petition is found to be sufficient and in all proceedings initiated by resolution of the
legislative authority of the city or town, the estimates must be accompanied by a diagram
showing thereon the lots, tracts, and parcels of land and other property which will be specially
benefited by the proposed improvement and the estimated amount of the cost and expense
thereof to be borne by each lot, tract, or parcel of land or other property: PROVIDED, That no
such diagram shall be required where such estimates are on file in the office of the city
engineer, or other designated city office, together with a detailed copy of the preliminary
assessment roll and the plans and assessment maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of
property of the United States, of the state, or of any county, city, town, school district, or other
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public corporation whose property is not assessed for general taxes shall be computed
according to the standards afforded by similarly situated property which is assessed foi
general taxes.
[ 1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 § 35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26
§ 1. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part; 1911 c 98 § 10, part;
RRS § 9361, part. (iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c
135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp.
1949 § 9363, part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part; RRS § 9351-4, part.]
NOTES:
Construction—Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.140
Resolutions—Contents, publication—Hearing, by whom held.
Any local improvement to be paid for in whole or in part by the levy and collection of
assessments upon the property within the proposed improvement district may be initiated by a
resolution of the city or town council or other legislative authority of the city or town, declaring
its intention to order the improvement, setting forth the nature and territorial extent of the
improvement, containing a statement that actual assessments may vary from assessment
estimates so long as they do not exceed a figure equal to the increased true and fair value the
improvement, or street lighting, adds to the property, and notifying all persons who may desire
to object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes
along which the trunk sewer, subsewer and branches of trunk water main and laterals are to
be constructed.
In case of dikes or other structures to protect the city or town or any part thereof from
overflow or to open, deepen, straighten, or enlarge watercourses, waterways and other
channels the resolution must set forth the place of commencement and ending thereof and the
route to be used.
In the case of auxiliary water systems, or extensions thereof or additions thereto for
protection of the city or town or any part thereof from fire, the resolution must set forth the
routes along which the auxiliary water system or extensions thereof or additions thereto are to
be constructed and specifications of the structures or works necessary thereto or forming a
part thereof.
The resolution shall be published in at least two consecutive issues of the official
newspaper of the city or town, the first publication to be at least fifteen days before the day
fixed for the hearing.
The hearing herein required may be held before the city or town council, or other
legislative authority, or before a committee thereof. The legislative authority of a city or town
may designate an officer to conduct the hearings. The committee or hearing officer shall
report recommendations on the resolution to the legislative authority for final action.
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[ 1994 c 71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965 c 7 § 35.43.140.
Prior: 1957 c 144 § 8; prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS
§ 9361, part. (ii) 1911 c 98 § 16, part; RRS § 9368, part. (iii) 1911 c 98 § 17, part; RRS §
9369, part. (iv) 1911 c 98 § 18, part; RRS § 9370, part.]
NOTES:
Severability -1984 c 203: "If any provision of this act or its application to any person
or circumstance is held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected." [ 1984 c 203 § 10.]
35.43.150
Resolutions—Hearing upon—Notice.
Notice of the hearing upon a resolution declaring the intention of the legislative authority of
a city or town to order an improvement shall be given by mail at least fifteen days before the
day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or
other property to be specially benefited by the proposed improvement, as shown on the rolls
of the county assessor, directed to the address thereon shown.
The notice shall set forth the nature of the proposed improvement, the estimated cost, a
statement that actual assessments may vary from assessment estimates so long as they do
not exceed a figure equal to the increased true and fair value the improvement, or street
lighting, adds to the property, and the estimated benefits of the particular lot, tract, or parcel.
[ 1989 c 243 § 3; 1983 c 303 § 2; 1965 c 7 § 35.43.150. Prior: 1957 c 144 § 9; prior: 1929 c
97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part.]
35.43.180
Restraint by protest.
The jurisdiction of the legislative authority of a city or town to proceed with any local
improvement initiated by resolution shall be divested by a protest filed with the city or town
council within thirty days from the date of passage of the ordinance ordering the improvement,
signed by the owners of the property within the proposed local improvement district or utility
local improvement district subject to sixty percent or more of the total cost of the improvement
including federally -owned or other nonassessable property as shown and determined by the
preliminary estimates and assessment roll of the proposed improvement district or, if all or
part of the local improvement district or utility local improvement district lies outside of the city
or town, such jurisdiction shall be divested by a protest filed in the same manner and signed
by the owners of property which is within the proposed local improvement district or utility local
improvement district but outside the boundaries of the city or town, and which is subject to
sixty percent or more of that part of the total cost of the improvement allocable to property
within the proposed local improvement district or utility local improvement district but outside
the boundaries of the city or town, including federally -owned or other nonassessable property:
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PROVIDED, That such restraint by protest shall not apply to any of the following local
improvements, if the legislative body finds and recites in the ordinance or resolution
authorizing the improvement that such improvement is necessary for the protection of the
public health and safety and such ordinance or resolution is passed by unanimous vote of all
members present: (1) Sanitary sewers or watermains where the health officer of the city or
town, or department of ecology, files with the legislative authority a report showing the
necessity for such improvement; and (2) fire hydrants where the chief of the fire department
files a report showing the necessity for such improvement.
[ 1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180. Prior: 1963 c 56 § 2;
1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c
135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp.
1949 § 9363, part.]
NOTES:
Construction—Severability-1967 c 52: See notes following RCW 35.43.042.
35.43.182
Waivers of protest—Recording—Limits on enforceability.
If an owner of property enters into an agreement with a city or town waiving the property
owner's right under RCW 35.43.180 to protest formation of a local improvement district, the
agreement must specify the improvements to be financed by the district and shall set forth the
effective term of the agreement, which shall not exceed ten years. The agreement must be
recorded with the auditor of the county in which the property is located. It is against public
policy and void for an owner, by agreement, as a condition imposed in connection with
proposed property development, or otherwise, to waive rights to object to the property owner's
individual assessment (including the determination of special benefits allocable to the
property), or to appeal to the superior court the decision of the city or town council affirming
the final assessment roll.
[1988c179§8.]
NOTES:
Severability—Prospective application—Section captions -1988 c 179: See RCW
39.92.900 and 39.92.901.
35.43.184
Preformation expenditures.
The city or town engineer or other designated official may contract with owners of real
property to provide for payment by the owners of the cost of the preparation of engineering
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plans, surveys, studies, appraisals, legal services, and other expenses associated with
improvements to be financed in whole or in part by a local improvement district (not including
the cost of actual construction of such improvements), that the owners elect to undertake. The
contract may provide for reimbursement to the owner of such costs from the proceeds of
bonds issued by the district after formation of a district under this chapter, from assessments
paid to the district as appropriate, or by a credit in the amount of such costs against future
assessments assessed against such property under the district. Such reimbursement shall be
made to the owner of the property at the time of reimbursement. The contract shall also
provide that such costs shall not be reimbursed to the owner if a district to construct the
specified improvements (as the project may be amended) is not formed within six years of the
date of the contract. The contract shall provide that any preformation work shall be conducted
only under the direction of the city or town engineer or other appropriate city or town authority.
[1988c179§9.]
NOTES:
Severability—Prospective application—Section captions -1988 c 179: See RCW
39.92.900 and 39.92.901.
35.43.186
Credits for other assessments.
A city or town ordering a local improvement upon which special assessments on property
specifically benefited by the improvement are levied and collected, may provide as part of the
ordinance creating the local improvement district that moneys paid or the cost of facilities
constructed by a property owner in the district in satisfaction of obligations under chapter
39.92 RCW, shall be credited against assessments due from the owner of such property at
the time the credit is made, if those moneys paid or facilities constructed directly defray the
cost of the specified improvements under the district and if credit for such amounts is reflected
in the final assessment roll confirmed for the district.
[1988c179§10.]
NOTES:
Severability—Prospective application—Section captions -1988 c 179: See RCW
39.92.900 and 39.92.901.
35.43.188
Assessment reimbursement accounts.
A city or town ordering a local improvement upon which special assessments on property
specifically benefited by the improvement are levied and collected, may provide as part of the
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ordinance creating the local improvement district that the payment of an assessment levied for
the district on underdeveloped properties may be made by owners of other properties within
the district, if they so elect, subject to terms of reimbursement set forth in the ordinance. The
terms for reimbursement shall require the owners of underdeveloped properties on whose
behalf payments of assessments have been made to reimburse all such assessment
payments to the party who made them when those properties are developed or redeveloped,
together with interest at a rate specified in the ordinance. The ordinance may provide that
reimbursement shall be made on a one-time, lump sum basis, or may provide that
reimbursement shall be made over a period not to exceed five years. The ordinance may
provide that reimbursement shall be made no later than the time of dissolution of the district,
or may provide that no reimbursement is due if the underdeveloped properties are not
developed or redeveloped before the dissolution of the district. Reimbursement amounts due
from underdeveloped properties under this section are liens upon the underdeveloped
properties in the same manner and with like effect as assessments made under this chapter.
For the purposes of this section, "underdeveloped properties" may include those properties
that, in the discretion of the legislative body of the city or town, (1) are undeveloped or are not
developed to their highest and best use, and (2) are likely to be developed or redeveloped
before the dissolution of the district.
[ 1988 c 179 § 11.]
NOTES:
Severability—Prospective application—Section captions -1988 c 179: See RCW
39.92.900 and 39.92.901.
35.43.190
Work—By contract or by city or public corporation.
All local improvements, the funds for the making of which are derived in whole or in part
from assessments upon property specially benefited shall be made by contract on competitive
bids whenever the estimated cost of such improvement including the cost of materials,
supplies, labor, and equipment will exceed the sum of five thousand dollars. The city, town, or
public corporation may reject any and all bids. The city, town, or public corporation itself may
make the local improvements if all the bids received exceed by ten percent preliminary cost
estimates prepared by an independent consulting engineer or registered professional
engineer retained for that purpose by the city, town, or public corporation.
[ 1987 c 242 § 3; 1971 ex.s. c 116 § 6; 1965 c 7 § 35.43.190. Prior: 1911 c 98 § 59; RRS §
9412.]
NOTES:
Policy -1987 c 242: See note following RCW 35.43.005.
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35.43.200
Street railways at expense of property benefited.
Any city or town in this state owning and operating a municipal street railway over one
hundred miles of track shall have power to provide for purchasing, or otherwise acquiring, or
constructing and equipping surface, subway and elevated street railways and extensions
thereof, and to levy and collect special assessments on property specially benefited thereby,
for paying the cost and expense of the same or any portion thereof, as hereinafter provided.
[ 1965 c 7 § 35.43.200. Prior: 1923 c 176 § 1; RRS § 9425-1.1
35.43.210
Street railways at expense of property benefited—Petition—Assessment
district.
Any improvement district created under RCW 35.43.200- 35.43.230 shall be created only
by ordinance defining its boundaries as specified and described in the petition therefor and
specifying the plan or system therein provided for; and shall be initiated only upon a petition
therefor, specifying and describing the boundaries of such district and specifying the plan or
system of proposed improvement, signed by the owners of at least sixty percent of the lineal
frontage upon the proposed improvement and of at least fifty percent of the area within the
limits of the proposed improvement district: PROVIDED, That the city council may in its
discretion reject any such petition.
[ 1965 c 7 § 35.43.210. Prior: 1923 c 176 § 2; RRS § 9425-2.]
35.43.220
Street railways at expense of property benefited—Assessment of cost.
The cost and expense of any such improvement shall be distributed and assessed against
all the property included in such local improvement district, in accordance with the special
benefits conferred thereon.
[ 1965 c 7 § 35.43.220. Prior: 1923 c 176 § 3; RRS § 9425-3.]
35.43.230
Street railways at expense of property benefited—Procedure.
Except as herein otherwise provided all matters and proceedings relating to such local
improvement district, the levying and collecting of assessments, the issuance and redemption
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of local improvement warrants and bonds, and the enforcement of local assessment liens
hereunder shall be governed by the laws relating to local improvements; and all matters and
proceedings relating to the purchase, acquisition, or construction and equipment of the
improvement and the operation of the same hereunder and the issuance and redemption of
utility bonds and warrants, if any, and the use of general or utility funds, if any, in connection
with the purchase, acquisition, construction, equipping, or operation of the improvement shall
be governed by the laws relating to municipal public utilities.
[ 1965 c 7 § 35.43.230. Prior: 1923 c 176 § 4; RRS § 9425-4.]
35.43.250
Deferral of collection of assessments for economically disadvantaged
persons—Authorized.
Any city of the first class in this state ordering any local improvement upon which shall be
levied and collected special assessments on property specifically benefited thereby may
provide as part of the ordinance creating any local improvement district that the collection of
any assessment levied therefor may be deferred until a time previous to the dissolution of the
district for those economically disadvantaged property owners or other persons who, under
the terms of a recorded contract of purchase, recorded mortgage, recorded deed of trust
transaction or recorded lease are responsible under penalty of forfeiture, foreclosure or default
as between vendor/vendee, mortgagor/mortgagee, grantor and trustor/trustee and grantee,
and beneficiary and lendor, or lessor and lessee for the payment of local improvement district
assessments, and in the manner specified in the ordinance qualify for such deferment, upon
assurance of property security for the payment thereof.
[ 1972 ex.s. c 137 § 2.]
NOTES:
Severability -1972 ex.s. c 137: See note following RCW 35.49.010.
35.43.260
Service fees for sewers not constructed within ten years after voter
approval—Credit against future assessments, service charges.
Any municipal corporation, quasi municipal corporation, or political subdivision which has
the authority to install sewers by establishing local improvement districts, which has charged
and collected monthly service fees for sewers, that have been authorized and approved by the
voters and have not been constructed for a period of ten or more years since the voter
approval, is hereby authorized and directed to grant a credit against the future assessment to
be assessed at the time of actual completion of construction of the sewers for each parcel of
real property in an amount equal in dollars to the total amount of service fees charged and
collected since voter approval for each such parcel, plus interest at six percent compounded
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF... Page 21 of 22
annually: PROVIDED, That if such service fees and interest exceed the future assessment for
construction of the sewers, such excess funds shall be used to defray future sewer service
charge fees.
It is the intent of the legislature that the provisions of this section are procedural and
remedial and shall have retroactive effect.
[1977c72§3.1
35.43.270
Sanitary sewer or potable water facilities—Notice to certain property
owners.
Whenever it is proposed that a local improvement district or utility local improvement
district finance sanitary sewers or potable water facilities, additional notice of the public
hearing on the proposed improvement district shall be mailed to the owners of any property
located outside of the proposed improvement district that would be required as a condition of
federal housing administration loan qualification, at the time of notice, to be connected to the
specific sewer or water facilities installed by the local improvement district. The notice shall
include information about this restriction.
[1987c315§1.)
35.43.280
Settlement of Indian claims.
(1) The settlement of Indian land and other claims against public and private property
owners is declared to be in the interest of public health and safety, orderly government,
environmental protection, economic development, and the social well-being of the citizens of
this state, and to specifically benefit the properties released from those claims.
It is the purpose of chapter 4, Laws of 1989 list ex. sess. to encourage the settlement of
such Indian land and other claims lawsuits by permitting the establishment and use of local
improvement districts to finance all or a portion of the settlement costs of such lawsuits.
(2) A local improvement district may be established by a local government legislative
authority to finance all or part of the settlement costs in an Indian land and other claims
settlement related to public and private property located within the local government. The
settlement of an Indian land claim lawsuit shall be deemed to be an improvement that may be
financed in whole or in part through use of a local improvement district.
Except as expressly provided in this section, all matters relating to the establishment and
operation of such a local improvement district, the levying and collection of special
assessments, the issuance of local improvement district bonds and other obligations, and all
related matters, shall be subject to the provisions of chapters 35.43 through 35.54 RCW. The
resolution or petition initiating the creation of a local improvement district used to finance all or
a portion of an Indian land and other claims settlement shall describe the general nature of the
Indian land and other claims and the proposed settlement. The value of a contribution by any
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Chapter 35.43 RCW: LOCAL IMPROVEMENTS—AUTHORITY—INITIATION OF... Page 22 of 22
person, municipal corporation, political subdivision, or the state of money, real property, or
personal property to the settlement of Indian land and other claims shall be credited to any
assessment for a local improvement district under this section.
[ 1989 1st ex.s. c 4 § 2.1
NOTES:
Severability -1989 1st ex.s. c 4: "if any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected." [ 1989 1st ex.s. c 4 § 4.]
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